Be Certain of The Sum Certain

Dec.04.2007

The ASBCA in Rex Systems, Inc. (Nov. 6, 2007, http://docs.law.gwu.edu/asbca/decision/pdf2007/54436.pdf), gave a painful reminder that, without a sum certain stated in a claim, it has no jurisdiction. After over two years of litigation in the appeal, the government raised in its post-trial brief that the claim, which requested a 15% license fee "at a minimum," does not state a sum certain, and the board agreed, dismissing the appeal at that stage.